The CCFP relies on candid, thorough information for a comprehensive understanding of crashes. Protecting the confidentiality of interview participants is one of our top priorities.

FMCSA understands that those involved in a crash—particularly those in the commercial motor vehicle industry—may be concerned about confidentiality and data protections. For that reason, FMCSA is partnering with the Bureau of Transportation Statistics (BTS) to carry out interviews under strict confidentiality protections provided by the Confidential Information Protection and Statistical Efficiency Act (CIPSEA).

What Is BTS?

BTS is one of 13 principal statistical agencies in the federal government, which means its principal mission is statistical work. Established in 1992, it maintains an independent function within the U.S. DOT. 

Similar to the Census Bureau and the Bureau of Labor Statistics, which are also principal statistical agencies, BTS does not regulate or enforce. It operates independent of political influence so that it can function as a fact-finding organization, focused exclusively on producing reliable, authoritative information. 

BTS has extensive experience collecting, analyzing, and protecting sensitive information, which is why agencies like FMCSA partner with BTS to assist with this type of data collection. 

Authority to Collect and Protect Confidential Information 

Obtaining accurate information is critical to BTS’s mission. Therefore, BTS is authorized to operate under strict confidentiality procedures. In addition to its own confidentiality statute (49 U.S.C. 6307(b)), BTS can collect data under CIPSEA (44 U.S.C. 3561-3583). 

These laws ensure that any identifying, sensitive, or proprietary information that BTS collects is not released to unauthorized persons or organizations.

How Are CIPSEA-Protected Interviews Kept Confidential?

To support the CCFP Heavy-Duty Truck Study, BTS will conduct interviews, store the interview data in its secure database, carry out analysis, and provide reports that do not disclose the identity of any person or company involved or the details of what they reported.

Because BTS is conducting the interviews under CIPSEA protections, BTS:

• Must make a pledge of confidentiality;
• Must use the information for statistical purposes only; and
• Must protect the information from unauthorized access, including by other government agencies.

Identifiable interview information:

• Cannot be used for legal purposes (it cannot be subpoenaed or submitted as evidence in court);
• Cannot be released under a Freedom of Information Act (FOIA) request; and
• Cannot be used for regulation or enforcement.

BTS must ensure that responses cannot be traced back to a specific individual or company.

BTS employees, contractors, and agents are subject to Class E felony charges and fines for knowingly disclosing confidential information (5 years prison and $250,000 fine). They may also be terminated from their position.

For more information, visit https://www.bts.gov/confidentiality.